861 F. Supp. 2d 919
N.D. Ill.2012Background
- Delta Air Lines sues Perfekt Marketing for federal trademark infringement, dilution, unfair competition under the Lanham Act, and Illinois state-law claims.
- Perfekt, an Arizona company with no Illinois operations, moves to dismiss for lack of personal jurisdiction or, alternatively, to transfer to the District of Arizona for convenience.
- Court analyzes a transfer under 28 U.S.C. § 1404, requiring proper venue, convenience, and interests of justice; here convenience predominates.
- Delta has substantial airline operations, but no evidence that Illinois is the practical locus of proof or that Delta’s Chicago evidence is in Illinois; Delta’s evidence affidavits were signed in Atlanta.
- Perfekt’s employees, callers, and operations are all in Arizona, making Arizona the more convenient forum for witnesses and information.
- Non-party and ad-distribution witnesses are not concentrated in Illinois; ads were distributed to many states with no Illinois-specific focus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to transfer venue to Arizona. | Delta argues Illinois has little nexus; Arizona is convenient for witnesses and evidence. | Perfekt argues transfer to Arizona is clearly more convenient and appropriate. | Transfer to Arizona granted. |
| Whether lack of personal jurisdiction in Illinois should lead to dismissal. | Delta contends Illinois jurisdiction is improper or unnecessary given transfer. | Perfekt contends Illinois is an improper forum for the suit. | Rationale moot post-transfer; transfer appropriate, jurisdiction issue not decided here. |
Key Cases Cited
- Queorguiev v. Max Rave, LLC, 526 F.Supp.2d 853 (N.D.Ill. 2007) (burden to show transferee forum is clearly more convenient)
- Coffey v. Van Dorn Iron Works, 796 F.2d 217 (7th Cir. 1986) (moving party bears burden on transfer convenience)
- Jaramillo v. DineEquity, Inc., 664 F.Supp.2d 908 (N.D.Ill. 2009) (factors for interest of justice in venue transfers)
- Sinochem Intern. Co. Ltd. v. Malaysia Intern. Shipping Corp., 549 U.S. 422 (U.S. 2007) (forum non conveniens presumption lessened when plaintiff's choice is not home forum)